SUMMERS & WYATT and the CHATTANOOGA AREA LABOR COUNCIL ANNOUNCE NEW LABOR SCHOLARSHIP RECIPIENT
For the past several years, Summers & Wyatt and the Chattanooga Area Labor Council have co-sponsored a $2,000 scholarship to benefit a college student whose parents or relatives are members of a local labor union. From the standpoint of Summers & Wyatt, this scholarship is a means to further demonstrate our support of the local labor community. It is also a way for us to show our appreciation for all the labor union support we have received over the years.
As always, the selection process was competitive. After much evaluation, thought, and debate, we are pleased to announce that the winner of this year's scholarship is Brian Thomas from Epworth, Georgia. Brian will be attending Dalton State this fall as a freshman. Brian's father, Charles, is a member of the I.B.E.W. Local 175.
Congratulations Brian, and best of luck to him and all of the other fine applicants from whom we received applications!
JURY RENDERS VERY SIGNIFICANT MEDICAL MALPRACTICE VERDICT FOR SUMMERS & WYATT ATTORNEY JIM NEAL
Summers & Wyatt attorney Jim Neal, in association with co-counsel Matt Dwyer and Bill Bird of Atlanta, recently obtained the largest jury award rendered in a medical malpractice case in Chattanooga, one of the largest reported in Tennessee. Our client is a young lady who suffered permanent brain injury as a result of complications following a medical procedure, an upper endoscopy, performed in the endoscopy suite of a local gastroenterologist. She suffered a perforation of her duodenum, just below the stomach, which went unrecognized by the physician. Twenty four hours later, after being sent for an outpatient x-ray, she suffered a cardiac arrest resulting in a loss of oxygen to her brain for an extended period of time. She had developed a condition known as sepsis which had developed as a result of leakage of stomach contents directly into her abdomen.
At trial, the jury heard evidence from an expert gastroenterologist who testified that the defendant physician was negligent, that he did not follow the standard of care required of him by his profession, in that he did not follow up when our client called his office to report nausea, vomiting and abdominal pain following the procedure. The expert went on to state that if the physician had followed up in the appropriate manner our client would not have suffered her cardiac arrest and resulting brain damage.
In rendering their verdict the jury also considered evidence that our client would need round the clock care for the rest of her life.
SUMMERS & WYATT ATTORNEY JIMMY RODGERS OBTAINS RECORD JURY VERDICT IN ASBESTOS PRODUCTS LIABILITY CASE IN HAMILTON CO. (TN)
On 9/21/09, a Hamilton County jury returned a record verdict against National Service Industries, doing business as North Brothers. The trial is believed to be only the second asbestos trial in the state of Tennessee in the last 15 years. The verdict is also believed to be the first asbestos verdict rendered against North Brothers in any state.
The case involved a man who worked as a pipefitter at Combustion Engineering in Chattanooga from 1952-1986. The evidence at trial showed that he was repeatedly exposed to asbestos-containing products manufactured or sold by North Brothers. In mid-2007, he developed mesothelioma (a rare form of cancer that is uniquely associated with asbestos exposure). He died six months later because of the mesothelioma.
The trial lasted a total of about nine days. During the first seven days, the jury heard arguments and testimony. Among others, testifying during the trial on behalf of the deceased man and his family were Jerrold Abraham, M.D. (a world renowned pathologist from S.U.N.Y.), Richard Lemen, Ph.D. (an epidemiologist and former deputy director of the National Institute for Occupational Safety and Health), and Bruce Hutchinson, Ph.D. (a U.T.C. economist). The only witness who testified for North Brothers was William Dyson (an industrial hygienist). The jury of twelve then deliberated for almost two days before reaching its unanimous decision. Ultimately, the jury found that North Brothers sold defective products to Combustion Engineering, that the man was exposed to North Brothers' products, and that North Brothers' products caused or contributed to the man's development of mesothelioma. All other defendants in the case except for North Brothers either settled or else were dismissed prior to the trial.
Summers & Wyatt attorney Jimmy Rodgers represented the deceased man and his family, along with attorneys Rett Guerry and Ben Cunningham from the Motley Rice law firm in Charleston, South Carolina. According to Mr. Rodgers: "We are very appreciative of the service by the individual jurors, and that they took their time to consider the evidence. Our main regret is that the jury had no means to bring him back to his wife and family." Added Mr. Rodgers: "This verdict represents a milestone victory for asbestos and mesothelioma victims - not only for Combustion retirees in the Chattanooga area, but also for all people exposed to asbestos throughout Tennessee and the Chattanooga metropolitan area as well. Hopefully this verdict wills send a signal to asbestos manufacturers and suppliers that the days of getting away with knowingly exposing Tennessee citizens and workers to poisonous and defective products is over."
JEFF RUFOLO, SUMMERS & WYATT ATTORNEY, RECEIVES SIGNIFICANT SETTLEMENT FOR MOTORCYCLE WRECK VICTIM
On 10/28/07, a lady was riding her motorcycle on her way to church services. She stopped at a red light only a couple of blocks from her church. The original defendant came from behind and did not stop, running over the lady's leg. She sustained a serious compound tib/fib fracture that required rods and plates to be implanted during surgery. She also developed an infection in her leg, which required additional medical treatment from Dr. Thomas Beahm at the Wound Care Center. She incurred almost $120,000 in medical treatment. Represented by Summers & Wyatt attorney Jeff Rufolo, she filed a lawsuit against the defendant, who unfortunately passed away shortly after suit was filed due to reasons unrelated to the accident. Thereafter, the defendant's co-executors were substituted as party defendants.
The defendant's last offer before trial was unacceptable to the injured lady and she rejected it. The case was tried in July of 2009. Because the jury was unable to render a unanimous verdict, the Court declared a mistrial. The Court then ordered the parties to mediation.
Prior to mediation, both sides were able to speak with the jurors. It was determined that, but for one juror, a significant verdict would have been returned. The lawsuit later settled at mediation for a significant sum of money - far higher than the defendant's last offer before the trial.
OTHER RECENT SETTLEMENTS and VERDICTS
Summers & Wyatt doesn't publicize verdicts or settlements out of respect for the privacy of our clients. However, over the years we have been successful in obtaining "substantial" and "very substantial" recoveries in many areas.
Jeff Rufolo has this year settled a wrongful death and personal injury case arising out of an automobile accident for one of the largest recoveries in this area over the past few years.
Jeff, Jerry Summers and an Omaha, Nebraska, law firm (Gross & Welch) have also received a substantial settlement in the wrongful death of a forty-six year old doctor who was killed when his parked vehicle was run over by a produce truck on I-75 near Athens, Tennessee. The doctor left a widow and two teenage children.
Jim Neal and Jeff Rufolo achieved a very substantial jury verdict in a medical malpractice case in Hamilton County, Tennessee, in Circuit Court, when a young man sustained permanent injuries as a result of a cauda equina syndrome from an untreated herniated disk in the Plaintiff's lower back.
Jim Neal, in association with Atlanta, Georgia, attorney Bill Ballard, has recently settled a very substantial medical malpractice case in Nashville, Tennessee, arising out of a failure to recognize complications from surgery resulting in permanent brain damage and eventual death.
Tom Wyatt and Jim Neal, in an association with a New Orleans law firm (Hermann & Hermann), last year settled a very substantial product liability case arising out of an accident wherein a worker was severely burned while working in an Athens, Tennessee, plant. As a result of Tennessee's repressive ten year statute of repose limiting injured parties from recovery for injuries sustained on a seventeen year old machine, it was necessary to file suit in Louisiana where the product was manufactured.
Jim Neal and Jerry Summers, in an association with attorneys Chris Townley and Thomas Lindsey in Rossville, Georgia, represented sixty families of deceased loved ones whose bodies were improperly disposed of in the infamous Tri-State Crematory cases in Noble, Georgia.
Jim Neal and Jerry Summers, working with the David Cunningham firm of Lafayette, Georgia, settled a substantial medical malpractice case against a hospital and an orthopedic surgeon who operated on the wrong foot in a Georgia case.
Jimmy Rodgers and Jerry Summers, when not handling the labor law issues for various unions represented by Summers & Wyatt, continue to work on wrongful death and personal injury cases involving exposure to asbestos products by workers and others. Our firm has been involved in this litigation since 1979 and continues to investigate and handle these cases in the ever changing area of the law as new defendants are found and new clients are diagnosed with asbestos related diseases such as lung cancer and mesothelioma. Due to the complexity of this field, Summers & Wyatt has been honored to be associated with many individual attorneys that have only one or a few such cases.
Jerry Summers, in association with a Tacoma, Washington, law firm (Margullis, Luedtke & Ray), settled a slip and fall case for a substantial amount when a Chattanooga lady suffered a fractured hip when she tripped on a sidewalk at a resort in that state.
In the criminal law field, Jerry Summers and Marya Schalk successfully handled an appeal to the Sixth Circuit Court of Appeals wherein the sentence on remand of a Chattanooga physician was reduced after he pled guilty to serious criminal charges.
If you have any inquiry about one of the above results, please feel free to contact one of the listed attorneys. If you are an attorney, feel free to contact one of the associated law firms concerning their working relationship with Summers & Wyatt.
It is the firm's policy to normally have two lawyers responsible for the handling of each case in order to provide better service to the clients and to have two legal minds discuss preparation, settlement and trial strategy, which we believe is in the best interest of our clients.
SUMMERS AND WYATT ENDOWMENT AND SYMPOSIUM
In 2008, Summers and Wyatt created an endowment at the University of Tennessee College of Law which provides financial support to a third-year student in the College's Center for Advocacy and Dispute Resolution to assist that person in becoming a trial attorney.
The endorsement also provides for a yearly Symposium on the right-to-trial by jury in the United States in civil and criminal cases. This year's Symposium was held on March 27, 2009 in Knoxville.
If you are interested in attending the Symposium in the future, you may contact either the Center Office at (865) 974-1477 or Micki Fox, the College of Law C.L.E. Director at (865) 974-4464. Details are also available on the Center's webpage at http://www.law.utk.edu/advocacy/symposia.shtml.
The public is welcome to participate in this Symposium on the important 7thAmendment right-to-trial by jury in the United States.
Summers and Wyatt is very proud to support this program.
JERRY H. SUMMERS RECOGNIZED
The January 2009 Nashville Business Journal recently selected Jerry H. Summers as one of the 150 Best Lawyers in Tennessee in 2008 and one of six criminal lawyers in the State.
Best Lawyers in America also recognized Jerry as one of approximately 1300 attorneys in the United States to be selected as one of the best attorneys in Tennessee in both personal law and criminal law for the twenty-five (25) continuous years that organization has been in existence.
He was also picked as a Super Lawyer in Tennessee in Criminal Law for 2008.
Jerry has also been elected to the Board of Directors of Tennessee Special Olympics for 2009-2010.
There are many new organizations that rate attorneys by only one criteria - payment of a yearly fee. This is exaggerated puffing for commercial reasons!
Jerry is one of a very small number of lawyers to be selected by his peers (including opposing counsel) based on legal ability and ethical conduct to become a member of the International Academy of Trial Lawyers, American College of Trial Lawyers, International Society of Barristers, American Board of Trial Advocates and American Board of Criminal Defense Lawyers.
While these ratings do not guarantee any results in a particular case, they do demonstrate Jerry's status with legal organizations.
ASSOCIATION WITH REFERRING LAW FIRMS
Since our firm started in 1969, a major source of our personal injury cases has been from other law firms in the Chattanooga area, State of Tennessee, Georgia, Alabama, and other states.
Our philosophy in handling a referral is to be professional and fair in all dealings with associate counsel in the handling of each case. The division of fees that may be received is always made with the goal of being fair to both firms depending upon the relative work performed and the results achieved. While some flexibility is necessary, we have always been able to reach a satisfactory result between law firms. Therefore, we have established long term relationships with several law firms involving repeat cases.
Summers & Wyatt will be proud to work with your law firm to achieve a good result for your client.
THOMAS L. WYATT CERTIFIED AS RULE 31 MEDIATOR
Thomas L. Wyatt is certified by the Tennessee Supreme Court Commission on Alternate Dispute Resolution as a civil mediator under Rule 31 of The Rules of The Supreme Court of Tennessee. Tom is available to utilize his 25 years of experience in handling personal injury and workers' compensation cases as a mediator in civil cases.
Tom has recently mediated a number of workers' compensation cases while on appeal, providing a valuable service in such cases where mediation is mandated by the Tennessee Supreme Court. Tom offers an efficient and economic mediation alternative in these cases.
Tom has also been selected to chair a three-member panel hearing charges brought against a Knox County attorney for inappropriate conduct brought by the Board of Professional Responsibility, which regulates and monitors the actions of attorneys for the Tennessee Supreme Court.
Summers & Wyatt's offices offer an excellent forum for the comfortable conduction of the mediation process.
